MANILA, Philippines — The Office of the Ombudsman on Monday asked the Sandiganbayan to suspend Senators Ramon "Bong" Revilla and Jose Jinggoy Estrada, who are facing plunder and graft charges in connection with the pork barrel scam.
In separate motions, the Office of the Ombudsman asked the First and Fifth Divisions of the anti-graft court to suspend the two accused as senators.
"To prevent the accused from committing further acts of malfeasance, tamper with documentary evidence and intimidate or influence witnesses in the case, it is necessary that the accused be suspended from the office while the case is pending in court," the motions said.
Aside from the two senators, government prosecutors also asked the Sandiganbayan to issue a suspension order against Revilla's staff, Richard Cambe, ranked as Director 3 in the senate's roster.
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Government prosecutors cited Section 5 of Republic Act 7080, which defines the crime of plunder and mandates the suspension and loss of benefits of public officers pending litigation for plunder.
The provision states that once convicted, the public officials shall "lose all retirement or gratuity benefits under any law."
"But if he is acquitted, he shall be entitled to reinstatement and to the salaries and other benefits which he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed against him," the section adds.
The Ombudsman also invoked a ruling by the Supreme Court, which says that it is a court's duty to order the accused suspended once information against him is found to be sufficient in form and subtance.
"The court is bound to issue an order of suspension as a matter of course, and there seems to be no ifs and buts about it," the motion reads.
The motions were signed by prosecution panel Acting Director Danilo Lopez for Estrada's case and Deputy Special Prosecutor John Turalba for Revilla's case.
Once granted, Revilla and Estrada will also be temporarily banned from holding any other public office "pending trial."
Revilla is accused of receiving P224 million in kickbacks from the scam that allegedly diverted his Priority Development Assistance Funds allocation from anti-poverty and development funds allotted to lawmakers’ pet projects.
Estrada, meanwhile, allegedly pocketed P183 million from the same scam.